Loading...
HomeMy WebLinkAbout5.1 Volvo Cars of Dublin SDR and CUPPage 1 of 8 STAFF REPORT PLANNING COMMISSION DATE: March 13, 2018 TO: Planning Commission SUBJECT: Volvo Cars of Dublin—Site Development Review and Conditional Use Permit (PLPA-2017-00053) Prepared by:<Mandy Kang, Senior Planner> EXECUTIVE SUMMARY: The Planning Commission will consider a request by the applicant, Jeff Qvale, for a Site Development Review Permit to complete a façade remodel, addition of 3,560 square feet to an existing 20,120 square foot building, and demolition of a 2,480 square foo t building; and a Conditional Use Permit to operate an automobile/vehicle sales and service facility (Volvo Car Dealership) located at 6430 & 6440 Dublin Court. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adop t the following Resolutions: a) Approving a Site Development Review Permit for a façade remodel, addition of 3,560 square feet to an existing 20,120 square foot building, and demolition of a 2,480 square foot existing building; and b) Approving a Condition al Use Permit to operate an automobile/vehicle sales and service facility (Volvo Car Dealership) at 6430 & 6440 Dublin Court. PROJECT DESCRIPTION: The project site consists of two parcels located at 6430 and 6440 Dublin Court at the terminus of the court near I-580 as shown in Figure 1 below. Dougherty Road is located east of the site but is not accessible from Dublin Court. The subject property is approximately 2.78 acres. Page 2 of 8 Figure 1. Project Site The project site has a General Plan land use designation of Retail/Office and Automotive and is zoned C-2 (General Commercial). The C-2 zoning designation allows for a number of conditionally permitted uses, including automobile/vehicle sales and service. The site is surrounded by General Comme rcial uses to the north and west. The parcel to the west of the project site is occupied by Dublin Nissan and the parcels to the north are occupied by offices, retail, and equipment rental uses. The eastern parcel of the subject Project was previously a Hyundai automobile dealership and currently has a vacant 2,480 square foot building, planned for demolition as part of this project. The western parcel was previously occupied by Office Depot. Current Request The Applicant is requesting approval of a Site Development Review (SDR) Permit to complete a façade remodel and construction of a 3,560 square foot addition to infill the existing truck dock area at the northwest corner of the existing 20,120 square foot building (creating a 23,680 square foot building), formerly occupied by Office Depot. The project also includes the demolition of a vacant 2,480 square foot building on the eastern parcel (formerly used for automotive sales), and the addition of landscaping and related site improvements. The Applicant is also requesting approval of a Conditional Use Permit (CUP) to operate an automobile sales and service facility on the subject site. ANALYSIS Site Development Review Page 3 of 8 The Zoning Ordinance requires a Site Development Review Permit for façade rem odels and for additions to buildings that are 1,000 square feet or more and visible from the street in the Commercial Zoning Districts. Approval of the Permit is subject to findings related to compliance with General Plan policies, impacts to general safe ty and welfare, site layout, views, topography, architectural considerations and landscape considerations as shown in the draft Resolution included as Attachment 1. Please refer to Attachment 2 for the project plans. Site Layout The proposed site layout shows the 23,680 square foot automobile sales and service building located on the western parcel of the site, and parking stalls generally located on the eastern parcel for sales car inventory. A 2,480 square foot building is located on the eastern parcel which was a part of the previous Hyundai car dealership and will be removed as part of this project. The proposal includes related improvements including landscaping and a new trash enclosure. The proposed site plan is shown in Figure 2 below. Figure 2. Proposed Site Plan The applicant proposes to construct a 3,560 square foot addition to the existi ng building to create a total of 23,680 square feet. The proposed addition is located at the northwest corner of the building and will enclose the existin g truck dock area to provide additional room for the parts and car wash areas. A new pedestrian access will be provided from Dublin Court to the building. There will Page 4 of 8 be 3 driveways into the site where the two western driveways will allow for customers to enter and exit for vehicle purchase or car service, and the eastern driveway will mainly be for the car inventory to enter and exit. The two driveways on the western side of the parcel are existing. The driveway to the very east of the site will be clo sed. One new driveway cut is proposed towards the middle of the site to be the access point for the inventory stalls. The existing parking lot will be reconfigured. Customer p arking stalls will be located around the building and middle drive aisles, whic h will include stalls for disabled accessible and standard parking. The remainder of the eastern parking stalls will mainly be used for car inventory. The building entrance faces east towards Dougherty Road and the main parking lot. The showroom entry is located in the southeast corner of the building along with the service staging area also located on the east side. The indoor display area will be located along the entrance and southern side of the building which will face I -580. There is a 3,440 square foot outdoor car display area located to the south and southeast area of the building. There is a small vehicle display pad located along the frontage of Dublin Court in the middle of two drive aisles. The car inventory area has existing light structures which will remain but the lights will be replaced with updated LED light fixtures. Much of the exterior showroom area in the front glass showroom will be lit by the showroom glass. Additional building mounted security lighting will be placed around the exterior of the building. The trash enclosure is located on the northwest corner of the site near the northwestern driveway entrance. It will consist of a CMU wall with a cement plaster finish which will match the color of the building and the gate will be made of steel. The eastern parcel includes an existing 30” tall block column and steel chain security fencing along the frontage. The fencing will be extended to the remainder of the project site to the west and the steel chains will be upda ted with stainless steel cables. The proposed site plan, floor plan, elevations, and landscape plans are shown in the Project Plans (Attachment 2). Parking Stalls The Applicant proposes to provide a total of 58 parking stalls for customers and employees which is consistent with the Zoning Ordinance requirement, as shown in Table 1 below. The site will also include 110 car inventory stalls. Table 1: Parking Requirement for Car Sales & Service Use Parking Requirement Square Footage Required Stalls Indoor/Outdoor Display Area 1 per 1,000 square feet 7,106 7 Office Space 1 per 250 square feet 3,152 13 Repair Space 1 per 400 square feet 13,180 33 Parts/Storage 1 per 1,000 square feet 3,682 4 Company Vehicle 1 per vehicle 1 Page 5 of 8 Total 58 There are 3 spots being provided for bicycle parking and a dedicated area for bike lockers will be provided within the building. Architecture The building encompasses the Volvo prototype design concept which includes a interface of translucent glass, alucobond panels, cement panels, and a simulated wood accent feature at the entry. The wood accent highlights the main entry into the showroom which also features wood material in the interior. The main entry includes a wooden contemporary accent canopy and p rojects out about 5 feet from the building to allow for a prominent entrance. The service entry canopy area will extend about 24 feet past the outside of the walls. The overall concept is contemporary and offers a v ariety of building materials. Staff worked with the applicant to further articulate the building. However, the nature of the existing concrete tilt-up building made it cost prohibitive for the applicant to provide further articulation. The single-story building is 24 feet in height and includes hi gh ceilings in the showroom to display the cars. The exterior building shell materials in the office and sales display include the alucobond finishes and the exterior material transitions into cement plaster in the service area and storage areas, which are on the west, north and northeast sides of the building. The alucobond metal panel siding wraps on both ends of the western elevation in the areas where the building is visible and not covered by existing trees. Figure 2. Perspectives Page 6 of 8 Colors are the typical Volvo silver/gray to match the natural aluminum of the alucobond and storefront glazing system. There are certain panels that consist of blue illuminated opaque glass or blue cement plaster to add an accent color to the building. A color and material palette has been provided that illustrates the variety of colors and textures for the building. This materials board will be presented at the Planning Commission meeting for review and consideration. Floor Plan The proposed building consists of a 3,666 square foot indoor display area, 3,152 square foot office area, 13,180 square foot car repair area and 3,682 square foot parts storage area. The service and car repair area also includes a car wash. Landscaping The landscaping has been designed to be compatible with the existing parking areas and building. The landscaping will help update the edge of the property and enhance the aesthetics and design of the building. The streetscape planting will include low, drought-resistant shrubs and groundcover to maintain visibility into the dealership from Dublin Court. 17 trees will be removed from the 39 existing trees on the site due to poor health and/or visibility issues. 22 trees will remain on the site and 19 new trees are proposed to be added to the project to enhance the Dublin Court street frontage, including street trees. None of the trees that are proposed for removal are considered to be Heritage Trees as defined by DMC 5.60. The new trees will include a variety of 24” box trees. Planting along the eastern and western facades is also lower to allow visibility to the showroom floor but still break up the concrete paving and soften up the building edges. Some of the existing plant materials will be reused. A resolution approving the Site Plan Review Permit for the façade remodel, addition of 3,560 square feet, and demolition of a 2,480 square foot existing building is included as Attachment 1, with the project plans attached as Attachment 2. Conditional Use Permit Page 7 of 8 The Zoning Ordinance requires a Conditional Use Permit to operate an Automobile/Vehicle Sales and Service facility located in the General Commercial Zoning district. The Conditional Use Permit is required to ensure compatibility with surrounding land uses. The proposed automobile sales and service facility is adjacent to a car dealership located to the west side of the Project site, along with commercial uses to the north. There is a limited potential for impacts to the surrounding land uses. The service entry is located on the east side of the building with the exit on the north to allow for cars to enter from Dublin Court and go straight to the service area with little interruption to the site or roadway network. All service work will be done indoors and will not be visible to the public. The sales portion of the dealership is anticipated to be open seven days a week from 8:30 a.m. to 8:00 p.m. Monday-Friday, from 9:00 a.m. to 6:00 p.m. on Saturdays, and from 11:00 a.m. to 5:00 p.m. on Sundays. The service department is anticipated to operate Monday through Saturday from 8:30 a.m. to 6:00 p.m. Conditions of Approval have been included in the Conditional Use Permit to ensure that the operation of this facility is compatible with the surrounding area (Attachment 3). These conditions relate to the hours of operation, noise, clean-up, vehicle deliveries, vehicle displays, service and repair work, and car washing. A resolution approving the Conditional Use Permit to operate an automobile/vehicle sales and service facility (Volvo Car Dealership) at 6430 and 6440 Dublin Court is included as Attachment 3. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Planning Commission find this project exempt from CEQA pursuant to Section 15301(e)(2) (Existing Facilities) because, 1) the proj ect is an addition to an existing structure and the addition is less than 10,000 square feet in size; 2) the project is in an area where all public services and facilities are available; and 3) the area in which the project is located is not environmentally sensitive. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The project site has a current General Plan land use designation of Retail/Office and Automotive and consistent C-2 (General Commercial) zoning. The project will contribute to the surrounding neighborhood allowing for automobile/vehicle sales and service. The proposed project is consistent with the land use designation and zoning, Page 8 of 8 which allows for automobile/vehicle sales and service with the approval of a Conditional Use Permit. The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan. The project has been designed to be compatible with adjacent and surrounding development. Pedestrian circulation has previously been linked together with sidewalks and public and private streets. In general, the proposed project furthers the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life and preserving resources and opportunities for future generations. REVIEW BY APPLICABLE DEPARTMENTS AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval included in the attached Resolutions pertaining to the Site Development Review and Conditional Use Permit (Attachments 1 and 3) where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH In accordance with the City’s policy, the Applicant installed a Planning Application Notice Sign along the project frontage. The sign includes details about the project and how to find out more information. The project is also included on the City’s Project Development Website. A notice of this public hearing was mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notice was also published in the East Bay Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant. The Staff Report for this public hearing was also available on the City’s website. ATTACHMENTS: 1. Resolution Approving a Site Development Review Permit for a façade remodel, 3,560 square feet addition, and demolition of an existing building. 2. Exhibit A to Attachment 1 - Project Plans 3. Planning Commission Resolution approving a Conditional Use Permit to operate an automobile/vehicle sales and service facility (Volvo Car Dealership) at 6430 & 6440 Dublin Ct. RESOLUTION NO. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR A FAÇADE REMODEL, ADDITION OF 3,560 SQUARE FEET TO AN EXISTING 20,120 SQUARE FOOT BUILDING, AND DEMOLITION OF A 2,480 SQUARE FOOT EXISTING BUILDING AT 6430 & 6440 DUBLIN COURT APNs: 941-1400-009-02 & 941-1400-010-02 PLPA-2017-00053 WHEREAS, the applicant, Jeff Qvale, is requesting approval of a Site Development Review Permit for a façade remodel, 3,560 square foot addition to an existing 20,120 square foot building, demolition of a vacant 2,480 square foot building and the addition of related site improvements for Volvo Cars of Dublin; and WHEREAS, the application also includes a Conditional Use Permit to operate an automobile/vehicle sales and service facility on the subject site; and WHEREAS, the project site is 2.78 acres and has a General Plan designation of Retail/Office and Automotive; and WHEREAS, the site is zoned General Commercial (C-2); and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the Site Development Review Permit for the façade modification, addition, demolition, and the related site improvements is exempt from CEQA pursuant to CEQA Guidelines Section 15301(e)(2) (Existing Facilities); and WHEREAS, the Site Development Review Project Plan Set, attached as Exhibit A, to this Resolution illustrates the proposed site layout, driveway and parking circulation system, building architecture, access to public streets, and landscaping for the proposed project; and WHEREAS, a Staff Report dated March 13, 2018, was submitted recommending that the Planning Commission approve a Site Development Review Permit for the proposed project; and WHEREAS, the Planning Commission held a public hearing on said application on March 13, 2018, at which time the interesting parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use independent judgment a nd considered all said reports, recommendations, and testimony hereinabove set forth. 2 of 20 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission, in compliance with Municipal Code section 8.104.090, the City of Dublin hereby makes the following findings and determinations regarding the proposed Site Development Review Permit: A. The proposal is consistent with the purposes of Title 8, with the General Plan and any applicable Specific Plans and design guidelines because : 1) The project is in compliance with the development standards of the Zoning Ordinance 2) the project provides an orderly, attractive and harmonious development compatible with the site’s surrounding properties; and 3) the building location, on-site circulation, parking, architecture and landscaping are designed in an efficient manner. B. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the design of the proposed building and associated improvements provides for a seamless transition with the surrounding automotive uses; 2) the project utilizes a similar material palette with colors and materials that are similar to the existing building but adds an interesting design contrast to give the building a look more suitable for the use; and 3) the project will expand the automobile sales and service opportunities in the area. C. The subject site is suitable for the type and intensity of the approved development because: 1) the project consists of an automobile sales and service car dealership which is a conditionally permitted use on this site; 2) the project is in conformance with the requirements of the Zoning Ordinance and General Plan 3) the project site will be fully served by existing infrastructure, services, and facilities; and 4) the proposed building size and configuration would not exceed the allowable building area or create adverse conditions on-site or for surrounding properties. D. Impacts to existing slopes and topographic features are addressed because : 1) the project site is generally flat; and 2) landscaping along the street frontage and throughout the project will be complete. E. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the proposed building improvements upgrade the exterior materials to make the architectural style more compatible with a car dealership in the surrounding area; 2) the materials proposed will be of high-quality and long-lasting; and 3) the color and materials proposed are appropriate for the contemporary design of the Volvo Car Dealership project and complementary to other commercial buildings in the project vicinity. F. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the landscaping and hardscape are designed throughout the 3 of 20 site to complement the architecture of the building; and 2) the project is also required to conform to the requirements of the State’s Water Efficient Landscape Ordinance. G. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) the proposed layout of the parking area has been reviewed for safety and adequate circulation; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby approves the Site Development Review Permit for the Volvo Cars of Dublin project as shown on the project plans dated February 12, 2018 and included as Exhibit A, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING 1. Approval. This Site Development Review (SDR) approval (PLPA-2017-00053) is for the Volvo Cars of Dublin project located at 6430 & 6440 Dublin Ct. (APNs: 941-1400-009-02 & 941-1400-010-02). The SDR approval is for a façade remodel, addition of 3,560 square feet to an existing 20,120 square foot building, demolition of a vacant 2,480 square foot building and addition of related site improvements. This approval shall be as generally depicted and indicated on the project plans, attached to this Resolution as Exhibit A, prepared by FCGA Architecture dated February 12, 2018, on file in the Community Development Department, and other plans, text, color and materials boards relating to this Project and as specified by the following Conditions of Approval for this project. PL Ongoing 2. Effective Date. This SDR approval becomes effective 10 days after action by the Planning Commission unless otherwise appealed to the City Council. PL Ongoing 3. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the SDR shall lapse and become null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of the Zoning PL One Year After Effective Date 4 of 20 Ordinance. 4. Time Extension. The original approving decision-maker may, upon the Applicant’s written request for an extension of approval prior to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. PL Prior to Expiration Date 5. Revocation of Permit. The SDR approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 6. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 7. Required Permits. Applicant/Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance and Grading Permit Issuance 8. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 9. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the ADM On-going 5 of 20 City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. PL, PW On-going 11. Clean-up. The Applicant/Developer shall be responsible for clean-up & disposal of project related trash to maintain a safe, clean and litter-free site. PL On-going 12. Modifications. Modifications or changes to this SDR approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104 of the Zoning Ordinance. PL On-going 13. Equipment Screening. All electrical equipment, fire risers, and/or mechanical equipment shall be screened from public view by landscaping and/or architectural features. Any roof-mounted equipment shall be completely screened from adjacent street view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. PL Building Permit Issuance 14. Site Lighting. Site lighting shall specify the color, finish, height and method to shield light of light fixtures to the satisfaction of the City. Lighting standards shall be in scale with the height of the structure. PL Building Permit Issuance 15. Temporary Promotional Banners and Balloons. Temporary Promotional Banner Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. All temporary on-site signage shall be subject to the sign regulations contained in the City of Dublin Zoning Ordinance. PL On-going 16. Bicycle Parking. Provide bicycle parking details for both short and long term parking that would show all offsets from adjacent buildings, curbs and structures. PL Building Permit Issuance 17. Construction Trailer. The Applicant/Developer shall obtain a Temporary Use Permit prior to the establishment of any construction trailer, storage shed, or container units on the Project site. PL Establishment of the Temporary Use 18. Security Fencing. Existing blue security fencing throughout project site shall be upgraded to the white security fencing shown in the project plans. It shall extend to the entire frontage of Dublin Court across both parcels. PL Building Permit Issuance 19. Master Sign Program. A Master Sign Program shall be required for this project. All existing signage will be reviewed at that time. PL Approval of Signage 20. Vehicular Concrete. All vehicular concrete shall be designed PL Building Permit 6 of 20 per a geotechnical engineer’s recommendations. Issuance PLANNING - LANDSCAPE 21. Final Landscape and Irrigation Plan. Plans shall comply with Chapter 8.72 of the Zoning Ordinance and be generally consistent with the project plans attached to this Resolution as Exhibit A and dated January 22, 2018. A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. The landscape plans shall be prepared on an accurately surveyed topographic plan consistent with the architectural, site and civil plans and show location of utilities including street lights, fire hydrants, drain inlets, water meters, vaults, and transformers including locations of underground utilities including water, sewer and storm drain. Landscape and irrigation plans shall provide for a recycled water system. PL Approval of Final Landscape Plans 22. Site Improvements & Amenities. Site improvements and amenities, including light fixtures, shown on the landscape plans shall be clearly identified to include materials, colors, and finishes to the satisfaction of the Community Development Director and City Engineer. PL Approval of Final Landscape Plans 23. Water Efficient Landscaping Regulations. The Applicant/Developer shall meet all requirements of the State’s Model Water Efficient Landscape Ordinance (MWELO). PL Approval of Final Landscape Plans 24. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the State’s Model Water Efficient Landscape Ordinance (MWELO). PL, PW Approval of Final Landscape Plans 25. Sustainable Landscape Practices. The landscape design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning 60 points or more and meeting the 14 required practices in the Bay- Friendly Landscape Scorecard. PL Approval of Final Landscape Plans 26. Traffic Visibility Area. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction shall be over 30 inches in height above the nearest curb elevation shall be erected, placed, planted or allowed to grow within the Traffic Visibility Area. PL, PW Approval of Final Landscape Plans 27. Landscape Screening. Landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. Screening, including the screening of utility areas from roadways, shall conform to Chapter 8.72 of the Dublin Municipal Code. PL Approval of Final Landscape Plans 28. Landscape Edges. Concrete curbs or bands shall be used at the edges of all planters and paving surfaces. The design width and depth of the concrete edge to be to the satisfaction of the Community Development Director and City Engineer. PL, PW Approval of Final Landscape Plans 29. Landscape Borders. All landscaped areas in parking areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in PL, PW Approval of Final Landscape Plans 7 of 20 width curb to curb. 30. Mounds & Berms. Slopes of mounds and berms shall not exceed 3:1 ratio, or 3 feet in height. Slopes 6:1 and over shall be labelled and contours for berms, swales, drainage ponds, and water quality elements, etc. shall be shown on the landscape plans. PL Approval of Final Landscape Plans 31. Above Ground Utilities. Location of above ground utilities shall be shown and screened with landscape from roadways and walkways. PL Approval of Final Landscape Plans 32. Street Light and Trees. Maintain approximately 15’ clearance between streetlights and street trees. Where such clearance is not practical for design considerations, the spacing between the trees shall be increased and the size of the tree shall be increased to 36” box minimum to reduce conflict between the lighting and foliage. PL Approval of Final Landscape Plans 33. Landscape Maturity. The landscape plans shall show plants at the mature size and spaced to accommodate minimum spread adjacent to buildings, sidewalks, roads or other obstructions. In addition, plants shall be spaced to fill in location within six (6) years. PL Approval of Final Landscape Plans 34. Plant Standards. That unless unusual circumstances prevail, all trees on the site shall be a minimum of 15 gallons in size. All trees that are on the exterior building perimeter shall be 24” box minimum, with at least 30% at 36” box or greater. All shrubs shall be 5 gallon minimum. PL Approval of Final Landscape Plans 35. Root Barriers & Tree Staking. The Landscape Plans shall provide details showing root barriers and tree staking will be installed that meet current City specifications. PL Approval of Final Landscape Plans 36. Plant Legend. Plant legend is extensive for the site and shall be reduced to show the plant material intended to be used on the site. PL Approval of Final Landscape Plans 37. Existing Landscape Improvements. Existing landscape improvements adjacent to or within the project shall be shown and labeled on the plans. Protection notes shall be included to protect existing landscape improvements. PL Approval of Final Landscape Plans 38. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. PL Approval of Final Landscape Plans 39. Plan Detail. All hardscape elements, fencing, play equipment and site amenities shall be labeled and detailed. Material, finish and colors shall be specified on plans. PL Approval of Final Landscape Plans 40. Maintenance of Landscape. All landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. Applicant shall provide and enter into a landscape maintenance agreement. PL Building Permit Issuance and On-going 41. Tree Preservation. Applicant shall implement tree preservation techniques so that during demolition, grading, and construction any existing trees to remain are fenced and protected. All PL On-going 8 of 20 improvements within the dripline of the existing trees to remain shall be hand excavated. 42. Landscape Warranty. Applicant shall warranty all project planting and irrigation for a period of one year from the date of installation. PL Building Permit Issuance 43. Utility Screening. All utilities shall be screened from roadways and walkways with dense evergreen landscaping. a. All existing and proposed utilities shall be shown on the Planting Plan, faded back to clarity. Above ground utilities requiring screening by vegetation shall be called out on the planting plan. b. All backflow preventers (existing and proposed) shall have an enclosure and be located in planter areas with plant material suitable for providing a minimum 3 ft high screen. PL Building Permit Issuance 44. Soils Analysis. A soils analysis shall be performed and included with the Landscape Improvement Plans PL Building Permit Issuance BUILDING CONDITIONS 45. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 46. Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Building & Safety Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. B Building Permit Issuance 47. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. B Building Permit Issuance 48. Change of Occupancy Permit required As per section 3408 of the California Building Code, a change of occupancy requires the building to meet the requirements of a new building for the proposed occupancy type. This may require upgrades to the structural systems. The building will be required to meet accessible codes as listed in Chapter 11B of the California Building Code. A fire sprinkler system is required. B Building Permit Issuance 49. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction. B Through Completion 50. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, holddowns, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector B Scheduling the final frame inspection 9 of 20 prior to scheduling the final frame inspection. 51. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Building Permit Issuance 52. Accessible Parking. The required number of parking stalls, the design and location of the accessible parking stalls shall be as required by the CA Building Code. B Through Completion 53. Accessary Structures. Building permits are required for all associated amenities/structures (e.g., playground equipment) and are required to meet the accessibility and building codes (for structural review). A California state certified playground safety inspector (CPSI) final review letter shall be required. B Through Completion FIRE PREVENTION 54. Building and Fire Code Requirements. Construction shall comply with the Building and Fire Code Requirements in effect at the time of Building Permit submittal or improvement plans. F Building Permit Issuance & On- going 55. New Fire Sprinkler System & Monitoring Requirements. In accordance with the Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. F Building Permit Issuance 56. Fire Sprinkler Monitoring System. The alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved supervising station. One EXTERIOR approved audible device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler Water-flow devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Visible alarm notification appliances shall not be required except when required by California Fire Code Section 907. F Building Permit Issuance 57. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers may be required by the Fire Inspector. Fire extinguishers shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. F Occupancy 58. FD Building Key Box. A Fire Department Key Box shall be installed at the main entrance to the building. Note these locations on the plans. The key box shall be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the Fire Inspector upon the final inspection. The inspector will then lock the keys in the box. F Occupancy 10 of 20 Key boxes and switches may be ordered directly from the Knox Company. 59. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the product cut sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. F Occupancy 60. Automatic Shutoffs for Ducts. Air moving systems supplying air in excess of 2,000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Automatic shutoff shall be accomplished by interrupting the power source of the air moving equipment upon detection of smoke in the main supply air duct served by such equipment. Smoke detectors shall be labeled by an approved agency approved and listed by California State Fire Marshal for air duct installation and shall be installed in accordance with the manufacturer’s approved installation instructions. Duct detectors shall be accessible for cleaning by providing access doors. Duct detector location shall be permanently and clearly identified. F Occupancy 61. Flammable Finishes. 1. A Fire Permit is required for application of flammable or combustible paint, varnish, lacquer, stain, fiberglass resins or other flammable or combustible liquid applied by means of spray apparatus in a continuous or intermittent process. 2. Electrical wiring and equipment shall be of an explosion proof type approved for use in hazardous locations. (Class 1 Division 1 or Class 2 Division 1) 3. “NO SMOKING” signs shall be conspicuously posted. 4. Welding, cutting and similar spark producing operations shall not be conducted in or adjacent to flammable vapor areas or dipping or coating operations. 5. Containers supplying spray nozzles shall be of a closed type or provided with metal covers, which are kept closed. 6. W here a flammable mixture is transferred from one portable container to another, a bond shall be provided between the two containers, with a least one container that shall be grounded. 7. Flammable vapor areas, exhaust fan blades, and exhaust ducts shall be kept free from the accumulation of deposits of combustible residues. Where excessive residue accumulates in such areas, spraying operations shall be discontinued until conditions are corrected. 8. Approved metal waste cans equipped with self-closing lids shall be provided wherever rags or waste are impregnated with finishing material. The contents of waste cans shall be properly disposed of at least once daily and at end of each shift. 9. The application of flammable or combustible liquids in spray rooms shall be constructed and designed in F Occupancy & On-going 11 of 20 accordance with the California Building Code. 10. The design and construction of spray booths shall be in accordance with CFC and NFPA 33. 11. Spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system. Protection shall also extend to exhaust plenums, exhaust ducts and both sides of dry filters when such filters are used. 12. Mechanical ventilation shall be kept in operation at all times while spraying operations are being conducted and for a sufficient time thereafter to allow vapors from drying coated articles and finishing material residue to be exhausted. Spraying equipment shall be interlocked with the ventilation of the flammable vapor areas such that spraying operations cannot be conducted unless the ventilation system is in operation. 13. Ventilation systems shall be designed, installed and maintained such that the average air velocity over the open face of the booth, or booth cross section in the direction of the airflow during spraying operations, shall not be less than 100 feet per minute. 62. Hazardous Materials. 1. For quantities exceeding the maximum allowable quantity per control area, provide an inventory statement (HMIS) for any / all hazardous materials for approval of process / storage / handling requirements. Project shall meet the requirements of the Alameda County Department of Environmental Health as Certified Unified Program Agency (CUPA). Provide to CUPA the Material Safety Data Sheets, Hazardous Materials Business Plan and all required documentation for permitting process. Contact Alameda County Health services at (510) 567-6780 2. Hazardous Materials Management Plan. Provide facility site plan showing storage and use areas, maximum amount of material stored or used in each area, container sizes, storage arrangement including the location and dimensions of aisles. 3. Hazardous Materials Inventory Statement. Provide permit application with Chemical name, trade names, hazardous ingredients, hazard classification, MSDS, U.N. and C.A.S. number, maximum quantity on-site at one time, storage conditions related to the storage type, temperature and pressure. 4. The storage, use and handling of hazardous materials in quantities not exceeding the maximum allowable quantity per control shall be in accordance with CFC. F During Construction PUBLIC WORKS GENERAL – PROJECT SPECIFIC CONDITIONS 63. Construction Plans. Construction plan set shall include City of Dublin General Notes and project specific notes, fully dimensioned Horizontal Control plan, Erosion and Sediment Control Plan, Clean Bay Blueprint (See City’s website: http://dublin.ca.gov/1656/Development-Permits---Stormwater- Require), details and sections of all improvements to be constructed. PW Building Permit Issuance 12 of 20 64. Site Improvements. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed to ensure that there are no conflicts among the proposed and existing improvements. PW Building Permit Issuance 65. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report, Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer’s recommendation and the City ordinances, the City Engineer shall determine which shall apply. PW Approval of Grading Plans 66. Site Accessibility Requirements. All parking spaces for the disabled, and other physical site improvements shall comply with current CBC Title 24 requirements and City of Dublin Standards for accessibility. PW Certificate of Occupancy 67. Drainage. Roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio-filters shall be appropriate for water quality treatment. Concentrated flows will not be allowed to drain across public sidewalks. PW Building Permit Issuance 68. Fire Access. Access roads, turnarounds, pullouts, and fire operation areas are Fire Lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. PW Building Permit Issuance 69. New Caltrans R/W. Civil plans should show ultimate location of Caltrans R/W as required by BART. Submit grant of maintenance easement or documentation for maintenance agreement, if any, as required by Caltrans or BART. Verify location of existing parking lot lights and relocate to be outside of new or future Caltrans R/W, if required by Caltrans or BART. PW Approval of Improvement Plans 70. Operational BMP’s. Applicant shall comply with the following Operational BMP’s for Vehicle/Equipment Repair and Maintenance facilities: a. Vehicle/equipment repair and maintenance shall be performed in a designated area indoors, or if such services must be performed outdoors, in an area designed to prevent the run-on and runoff of stormwater. b. Secondary containment shall be provided for exterior work areas where motor oil, brake fluid, gasoline, diesel fuel, radiator fluid, acid-containing batteries or other hazardous materials or hazardous wastes are used or stored. Drains shall not be installed within the secondary containment areas. c. No person shall dispose of, nor permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm drains. d. No vehicle fluid removal shall be performed outside a building, nor on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. Leaking vehicle fluids shall be contained or drained from the vehicle immediately. PW Post Construction 13 of 20 No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area that cannot discharge to the storm drain, such as an area with secondary containment. 71. Lighting. The Applicant/Developer shall prepare a photometric plan to the satisfaction of the City Engineer, Director of Community Development, and Dublin Police Services. A minimum of one foot-candle of light shall be provided and maintained across the surface of the parking lot. Any illumination, including security lighting, shall be directed away from adjoining properties, businesses or vehicular traffic so as not to cause any glare.” PW Certificate of Occupancy 72. Trash Enclosure. The proposed trash enclosures shall conform to City of Dublin Trash Enclosure Ordinance 7.98. Waste Enclosure Requirements Checklist and Waste Handling Standards for Commercial and Multi-Family Properties can be found on the City of Dublin website at: http://www.ci.dublin.ca.us/DocumentCenter/View/17026 http://www.ci.dublin.ca.us/DocumentCenter/View/17027 PW Building Permit Issuance 73. Vehicle Parking. Applicant shall repair any distressed areas of pavement that is onsite and along the accessible path of travel before re-striping the parking lot. The existing parking spaces striping that is in poor condition shall be re-striped. All parking spaces shall be double striped using 4” white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact- sized parking spaces shall have the word “COMPACT” stenciled on the pavement within each space. 12”-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. PW Certificate of Occupancy PUBLIC WORKS – STANDARD CONDITIONS OF APPROVAL 74. Conditions of Approval. Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific Conditions of Approval. PW On-going 75. Standard General Notes. Standard General Notes and project specific notes shall be shown on the construction drawing set in accordance with current Public Works standards. PW Approval of Improvement Plans 76. Conditions of Approval. Developer shall comply with the City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as “public works” under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). PW On-going 77. Existing Condition Information. The construction drawing set shall provide all existing information along project perimeter and PW Approval of Improvement 14 of 20 public street frontage, including existing curb elevations and gutter slopes along adjacent streets. Plans PUBLIC WORKS – AGREEMENTS AND BONDS 78. Security. Developer shall provide faithful performance security to guarantee the improvements, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspections). PW Grading Permit issuance 79. O&M Agreement. The requirements of Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2- 2015-0049, require the property owner to enter into an Agreement with the City of Dublin to provide verification and assurance that all treatment devices will be properly operated and maintained and to guarantee the owner’s perpetual maintenance obligation for all storm drain inlet filters installed as part of the project. The Agreement shall be recorded against the property and shall run with the land. PW Occupancy or Acceptance of Improvements PUBLIC WORKS – FEES 80. Fees. The Applicant shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. PW Building Permit Issuance PUBLIC WORKS – PERMITS 81. Encroachment Permit. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the street right of way. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. PW Start of Work 82. Grading/Sitework Permit. The applicant shall apply for and obtain a Grading/Sitework Permit from the Public Works Department for all site improvement or grading work. The Grading/Sitework Permit will be based on the final set of civil plans and will not be issued until all of plan check comments have been resolved. A copy of Grading/Sitework Permit application may be found on the City’s website at: http://www.ci.dublin.ca.us/DocumentCenter/View/12218 PW Prior to Issuance of Grading/Sitework Permit PUBLIC WORKS - SUBMITTALS 83. Plan Submittals. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, the “City of Dublin Improvement Plan Review Check List,” current Public Works and industry standards. PW Approval of Improvement Plans 84. Submittals to non-City Agencies. Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. PW Approval of Improvement Plans 15 of 20 85. Geotechnical Report. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. PW Approval of Improvement Plans, and Grading Plans PUBLIC WORKS - IMPROVEMENTS 86. Public Improvements. The public improvements shall be constructed generally as shown on the Site Development Review. However, the approval of the Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, and street improvements. PW Approval of Improvement Plans 87. Public Improvement Conformance. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. PW Approval of Improvement Plans 88. Sidewalk and Frontage Grading. Sidewalks within the public right-of-way shall have a maximum cross slope of below 2.0%. The cross slope shall be maintained for a minimum distance of one foot behind the frontage sidewalks where there is adjacent landscaping, stairs or pathway PW Approval of Grading/Improve ment Plans 89. Existing Curb and Gutter & Sidewalk. Existing curb and gutter & sidewalk along the project frontages of the public rights-of-way shall be evaluated for condition and compliance with current Public Works standards, and shall be repaired or replaced with the development of the site, as determined by the City Engineer. Construction drawings shall show repair or replacement required. PW Approval of Improvement Plans 90. Driveways. Existing driveways to be replaced along Dublin Court shall comply with City of Dublin design standards for commercial driveways (CD-108 Driveway Detail w/Planter Strip). PW Approval of Improvement Plans 91. Damage/Repairs. The Applicant shall be responsible for remediation of the adjacent public streets, damaged by any construction activity (including utility trench cuts), as determined by the City Engineer. Remediation may include pavement treatment such as a slurry seal or a grind and overlay. PW Certificate of Occupancy 92. Source Control Requirements. Applicant shall comply with the following Source Controls: a. Vehicle service facilities shall not contain floor drains that are connected to storm drain systems. b. Tanks, containers or sinks used for parts cleaning or rinsing shall not be connected to the storm drain system. Tanks, containers or sinks used for such purposes may only be connected to the sanitary sewer system if allowed by an industrial waste discharge permit. The applicant shall contact Dublin San Ramon Services District for specific connection and discharge requirements. c. All outdoor equipment and materials storage areas shall be covered and bermed or shall be designed with BMPs to limit potential for runoff to contact pollutants d. All on-site hazardous materials and wastes, as defined and/or regulated by the California Public Health Code and the local Certified Unified Program Agency (CUPA) must be used and managed in compliance with the applicable regulations and the facility hazardous materials management plan approved by the CUPA authority. e. Fire Sprinkler Test Water: Provisions shall be made in the PW Grading/Sitework Permit 16 of 20 project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer subject to approval from DSRSD. f. Air Conditioning Condensate: Air conditioning condensate should be directed to landscaped areas as a minimum BMP. Any anti-algal or descaling agents must be properly disposed of. Any air conditioning condensate that discharges to land without flowing to a storm drain may be subject to the requirements of the State Water Resources Control Board’s (SWRCB) Statewide General Waste Discharge Requirements (WDRs) for Discharges to Land with a Low Threat to Water Quality. Roof top equipment shall drain to the sanitary sewer or be covered and have no discharge to the storm drain. The applicant shall contact Dublin San Ramon Services District for specific connection and discharge requirements. 93. Stormwater Management Plan. Construction Plans shall include a Stormwater Management Plan subject to review and approval of the City Engineer. PW Approval of Improvement Plans and Building Permit Issuance 94. Stormwater Treatment – Trash Capture Devices. In accordance with Provision C.10 of the Regional Water Quality Control Board’s Municipal Regional Permit, the applicant shall install storm drain stencil filters in all on-site storm drain inlets. The trash capture devices shall meet the full trash capture requirements of the SF Bay Regional Water Quality Control Board AND shall comply with maintenance and performance requirements of the Mosquito Abatement District. Approved Filters can be found on the City of Dublin website at: http://dublin.ca.gov/DocumentCenter/View/17042. PW Certificate of Occupancy 95. Stormwater Requirements Checklist. Applicant shall submit an updated “Stormwater Requirements Checklist” and accompanying required documentation. PW Approval of Grading Plans 96. Storm Drain Inlet Markers. All on-site storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek.” The stencils may be purchased from the Public Work Department. PW Certificate of Occupancy or Acceptance of Improvements 97. Stormwater Treatment. Planting within all bioretention areas or similar LID landscape-based stormwater treatment measures shall adhere to the guidelines summarized in themost current version of Appendix B to the C.3 Stormwater Technical Guidance Handbook published by the Alameda County Clean Water Program. PW Building Permit Issuance and Grading Permit Issuance PUBLIC WORKS - CONSTRUCTION 98. Erosion Control During Construction. Applicant shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City’s NPDES permit between October 1st and April 30th or beyond PW Issuance of Grading/Sitework Permit and during construction 17 of 20 these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 99. Construction Activities. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case- by-case basis. Note that construction hours of operation within the public right of way are more restrictive. Overtime inspection rates will apply for all Saturday or holiday work. PW On-going as needed 100. Construction Noise Management Plan. Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. PW Start of Construction activities; and On-going as needed 101. Construction Traffic Interface Plan. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction activities; and On-going as needed 102. Traffic Control Plan. Closing of any existing pedestrian pathway and/or sidewalk during construction shall be implemented through a City approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction Implementation, and On-going as needed 103. Dust Control Measures. Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction activities; On- going as needed 104. Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. PW During Construction and Grading Activities 105. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On-going PUBLIC WORKS - NPDES 106. NOI and SWPPP. Prior to any clearing or grading, Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. PW Start of construction activities 107. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate PW SWPPP to be Prepared Prior to 18 of 20 to the project construction activities. The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. Approval of Improvement Plans; Implementation Prior to Start of Construction and On-going as needed 108. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. a. In addition to natural water quality features proposed for the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to natural water quality features due to grading constraints. b. The trash enclosure shall be fitted with floor drains that discharge to the sanitary sewer system, and hose bibs for periodic wash-down. c. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works Director’s review/approval. All storm drain inlets serving vehicle parking areas shall be stenciled using stencils available from the Public Work Department . Grading/Sitework Permit DUBLIN SAN RAMON SERVICES DISTRICT 109. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities”, all applicable DSRSD Master Plans and all DSRSD policies. DSRSD Building Permit Issuance 110. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. DSRSD Building Permit Issuance 111. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Building Permit Issuance 112. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD Building Permit Issuance 19 of 20 DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 30 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 113. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Building Permit Issuance 114. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. DSRSD Building Permit Issuance 115. The locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSRSD Issuance of any grading permit, site work permit or building permit 116. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payments as established in the DSRSD Code. Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. DSRSD Building Permit Issuance 117. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the previous condition listed above have been satisfied. DSRSD Building Permit Issuance 118. If trash enclosures are required to drain to the sanitary sewer system, grease interceptors shall be installed within the trash enclosure area. The trash enclosure shall be roofed and graded to minimize rain water or stormwater from entering the trash enclosure. DSRSD Building Permit Issuance 119. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. DSRSD Building Permit Issuance 120. Above-ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The Applicant shall collaborate with the Fire Department and DSRSD to size and configure the fire system. DSRSD Building Permit Issuance and ongoing 121. Development plans will not be approved until landscape plans are submitted for DSRSD review and approval. DSRSD Approval of Final Landscape Plans 122. Applicant shall be required to pay all incremental capacity reserve fees for water and sewer services as required by the project demands, once the project has been analyzed by DSRSD to determine if it represents additional water and/or sewer DSRSD Installation of Water Meter and/or Issuance of Building 20 of 20 capacity demands on the District. All capacity reserve fees must be paid prior to installation of a water meter for water. If a water meter is not required, the capacity reserve fee shall be paid prior to issuance of a building permit. The District may not approve the building permit until capacity reserve fees are paid. Permit 123. The project shall used recycled water for irrigation of large landscape areas upon the District’s determination that sufficient supply of recycled water is available at the time of planned connection and the connection is technologically and financially reasonable. DSRSD Building Permit Issuance PASSED, APPROVED AND ADOPTED this 13th day of March 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director PROJECT ADDRESS: PROJECT NAME: DRAWN BY: DATE: 07/11/2017 CHECKED BY: PROJECT #:16287 SCALE : SCHEME #: SHEET NUMBER: SHEET TITLE: 02/12/2018 PROPOSED SITE PLAN A-3 PARKING COUNTS PROVIDED - ACCESSIBLE STALLS: 3 - CUSTOMER/ SERVICE WAITING & EMPLOYEE: 55 - INVENTORY: 110 TOTAL PARKING: 168 NOTE : ALL PROPOSED SIGNAGE TO BE APPROVED IN SEPARATE SIGNAGE PERMIT PACKAGE PEDESTRIAN ACCESS FIRE ACCESS 1’ = 20’ NOTE : SEE SHEET A6 FOR INTERIOR AREA ANALYSIS RELATED TO REQUIRED PARKING COUNT NORTH TRAFFIC VISIBILITY TRIANGLE- NO OBJECTS WITHIN THE VISIBILITY TRIANGLES SHOWN SHALL EXCEED 30” IN HEIGHT. TYP. BUILDING SQUARE FOOTAGE - BEFORE IMPROVEMENTS: ±20,120 SF - AFTER IMPROVEMENTS: ±23,680 SF PROJECT ADDRESS: PROJECT NAME: DRAWN BY: DATE: 07/11/2017 CHECKED BY: PROJECT #:16287 SCALE : SCHEME #: SHEET NUMBER: SHEET TITLE: 02/12/2018 PROPOSED FLOOR PLAN A-7 A-8 A-9 PROPOSED FLOOR PLAN SEE SHEET SEE SHEET 3/32” = 1’ 10’0’10’20’30’ NORTH PROJECT ADDRESS: PROJECT NAME: DRAWN BY: DATE: 07/11/2017 CHECKED BY: PROJECT #:16287 SCALE : SCHEME #: SHEET NUMBER: SHEET TITLE: 02/12/2018 PROPOSED ELEVATIONS A-11 1 EAST ELEVATION- FACING PARKING LOT 2 SOUTH ELEVATION- FACING FREEWAY 4 NORTH ELEVATION- DUBLIN CT VIEW 3 WEST ELEVATION- FACING NISSAN DEALER NOTE: ALL PROPOSED SIGNAGE TO BE APPROVED IN SEPARATE SIGNAGE PERMIT PACKAGE NOTE: ALL PROTOTYPICAL SIGNAGE IS BY OTHERS AND NOT INCLUCED IN THIS SUBMITTAL ±332’-0” ±348’-0” M2 ±356’-0” ±342’-0” ±332’-0” M1 M3 ±356’-0” ±332’-0” ±356’-0” VRE SHOWROOM ENTRY PORTAL BY VCUSA APPROVED VENDOR IN OAK VEENER VRE CLEAR TRANSPARENT GLASS ACM EXTERIOR FINISH COLOR: VOLVO SILVER M5 M1 M2 M6 M4 M3 M5 M SEE SHEET A19 FOR MATERIAL SPECIFICATIONS EXISTING TILT-UP CONCRETE PANEL. PAINT TO MATCH ADJACENT CEMENT PLASTERNEW WALL ±356’-0” ±340’-0” ±332’-0” VRE SHOWROOM ENTRY PORTAL BY VCUSA APPROVED VENDOR IN OAK VENEER M4 M3 M3 M7 1/8” = 1’ M5 M5 0’8’8’16’24’ SERVICE ENTRY CANOPYM5 SERVICE ENTRY CANOPY METAL PANELS TO WRAP CORNERS. TYP. ON BOTH ENDS M1ILLUMINATED VRE ETCHED GLASS M2ILLUMINATED VRE BLUE ETCHED GLASS EXISTING TREES TO REMAIN. M5 M6 ILLUMINATED VRE BLUE ETCHED GLASS ILLUMINATED VRE ETCHED GLASS TRANSPARENT GLASS WITH VIEWS OF INTERIOR SHOWROOM PROJECT ADDRESS: PROJECT NAME: DRAWN BY: DATE: 07/11/2017 CHECKED BY: PROJECT #:16287 SCALE : SCHEME #: SHEET NUMBER: SHEET TITLE: 02/12/2018 COLOR & MATERIALS A-19 M1- ILLUMINATED TRANSLUCENT GLASS 6MM CLEAR, LOW-IRON GLASS TRANSLUCENT M4- WOOD COMPOSITE VENEER SOBOTEC, FUNDERMAX 0927 NT CREEK M2- ILLUMINATED TRANSLUCENT GLASS- BLUE 6MM CLEAR, LOW-IRON GLASS TRANSLUCENT, BLUE M3- STANDARD TRANSPARENT GLASS 6MM CLEAR, LOW-IRON GLASS TRANSPARENT M5- COMPOSITE METAL PANEL ALUCOBOND, SUNRISE SILVER METALLIC COOL PVDF-3, GLOSS LEVEL- 30 (SEE COLOR & MATERIALS BOARD) M6- CEMENT PLASTER SMOOTH FINISH PAINTED: SHERWIN WILLIAMS SW 7669- SUMMIT GRAY BUILDING MATERIALSLUMINARIES CREE LIGHTING TYPE: W-1 WALL PACK- XSPW SERIES XSPW-A LED, 5000K, WHITE CREE LIGHTING TYPE: P-1 POLE LIGHT-CREE EDGE SERIES ARE EHO-AF: FRONT LINE- 24’ 240 LED, 5000K, WHITE CREE LIGHTING TYPE: P-2 POLE LIGHT-CREE EDGE SERIES ARE EHO-4M: MEDIUM OUTPUT- 14’ 240 LED, 5000K, WHITE VORTECH LIGHTING TYPE: B-1 BOLLARD IVB40MH METAL HALIDE, 42” ERCO LIGHTING TYPE: E-1 TESIS LUMINAIRE IN GROUND LED, 4000K NEUTRAL WHITE EGRESS LIGHTING TYPE: EXIT LITHONIA LIGHTING WALL MOUNT LED HEADS, RED STENCIL COOLING FANS TYPE: INTERIOR BIG ASS FANS CEILING MOUNT - SERVICE AREA LED HEADS OPTIONAL M8- RIBBED METAL PARAPET SCREENING (IF NEEDED) K7 METALLIC SILVER T4222 PANEL 24 GA M7- METAL DOOR/ ACCENT PAINTED: SHERWIN WILLIAMS SW 7669- SUMMIT GRAY M9- CEMENT PLASTER SMOOTH FINISH PAINTED: SHERWIN WILLIAMS SW 6811- HONORABLE BLUE (COLOR TO MATCH M2) Traffic Visibility Triangle- no objects within the visibility triangles shown shall exceed 30" in height. See note below regarding tree's in this area. 07/11/201702/12/2018 07/11/201702/12/2018 07/11/201702/12/2018 Existing vehicular security bollards not to exceed 30" in height 30" max height 07/11/201702/12/2018 07/11/201702/12/2018 RESOLUTION NO. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILE/VEHICLE SALES AND SERVICE FACILITY (VOLVO CAR DEALERSHIP) AT 6430 & 6440 DUBLIN COURT APNs: 941-1400-009-02 & 941-1400-010-02 PLPA-2017-00053 WHEREAS, the applicant, Jeff Qvale, is requesting approval of a Conditional Use Permit to operate an Automobile/Vehicle Sales and Service use type at 6430 & 6440 Dublin Court; and WHEREAS, the application also includes a Site Development Review Permit for a façade remodel, 3,560 square foot addition to the existing 20,120 square foot building, and the demolition of a vacant 2,480 square foot building WHEREAS, the project site is 2.78 acres and has a General Pla n designation of Retail/Office and Automotive; and WHEREAS, the site is zoned General Commercial (C-2); and WHEREAS, the General Plan land use designation of Retail/Office and Automotive permits a mix of uses consistent with the General Commercial zoning; and WHEREAS, the General Commercial (C-2) Zoning District allows automobile/vehicle sales and service as a conditionally permitted use; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the Conditional Use Permit is exempt from CEQA pursuant to CEQA Guidelines Section 15301(e)(2) (Existing Facilities); and WHEREAS, the Project Plan Set, attached as Exhibit A to the Site Development Review Permit Resolution, illustrates the proposed site layout, driveway and parking c irculation system, building architecture, access to public streets, service areas and landscaping for the proposed project; and WHEREAS, a Staff Report dated March 13, 2018, was submitted recommending that the Planning Commission approve a Conditional Use Permit for the proposed project; and WHEREAS, the Planning Commission held a public hearing on the said application on March 13, 2018, at which time the interesting parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and 2 of 6 WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission, in compliance with Municipal Code section 8.100.060, of the City of Dublin hereby makes the following findings and determinations regarding the proposed Conditional Use Permit for an Automobile/Vehicle Sales and Service facility: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) automobile/vehicle sales and service is a conditionally permitted use in the General Commercial Zoning District; 2) the car dealership will provide automobile sales and service options to help serve the community; 3) the Project site is well suited for this type of use; and 4) the project provides an orderly, attractive and harmonious development compatible with the site’s surrounding properties; 5) all service work will be conducted indoors; and 6) Conditions of Approval have been applied to the Project to ensure on-going compatibility with the Project’s surroundings. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project will conform to all applicable regulations contained in the General Plan and Zoning Ordinance; and 2) Conditions of Approval have been applied to the Project to ensure on-going compatibility with the Project’s surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) an automobile sales and service car dealership is a conditionally permitted use in General Commercial Zoning District; and 2) Conditions of Approval have been placed on this project to make sure the project is consistent with the requirements of the Zoning Ordinance and General Plan and to ensure that the use is compatible with the surrounding use. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) vehicular access to the site will be available from Dublin Court; 2) the Project frontage along Dublin Court is fully improved with a sidewalk that provides pedestrian access to the Project; and 3) the Project will be served by existing public utilities and services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the project consists of an automobile sales and service car dealership which is a conditionally permitted use on this site; 2) the project is in conformance with the requirements of the Zoning Ordinance and General Plan 3) the project site will be fully served by existing infrastructure, services, and facilities; and 4) the proposed building size and configuration would not exceed the allowable building area or create adverse conditions on -site or for surrounding properties. 3 of 6 F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the project is consistent with the development standards established in the Zoning Ordinance; 2) the Project site is a conditionally permitted use in the General Commercial Zoning District; and 3) Conditions of approval have been placed on the Project to ensure on-going compatibility with the surrounding uses. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) The project is in compliance with the development standards in the Zoning Ordinance 2) the project provides an orderly, attractive and harmonious development compatible with the site’s surrounding properties; and 3) the building location, on -site circulation, parking, architecture and landscaping are designed in an efficient manner. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the Conditional Use Permit to establish and operate an Automobile/Vehicle Sales and Service use type at 6430 & 6440 Dublin Court for the VOLVO Cars of Dublin project, s ubject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: PLANNING 1. Approval. This Conditional Use Permit (CUP) approval (PLPA- 2017-00050) is to allow the operation of an Automobile/Vehicle Sales and Service use type located at 6430 & 6440 Dublin Ct. (APNs: 941-1400-009-02 & 941-1400-010-02). This approval is for the sales and service of new cars, with the sales and service of used cars as an ancillary use. This approval shall be as generally depicted and indicated on the project plans, prepared by FCGA Architecture dated February 12, 2018, on file in the Community Development Department and as specified by the following Conditions of Approval for this project. PL Ongoing 2. Effective Date. This CUP approval becomes effective 10 days after action by the Planning Commission unless otherwise appealed to the City Council. PL Ongoing 3. Permit Expiration. Approval of this Conditional Use Permit shall be valid for one year from the effective date. This approval shall be null and void in the event the approved use fails to be established within one year. Commencement of the use means the establishment of use pursuant to the Permit approval or, PL One Year from Date of Approval 4 of 6 demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Compliance. The Applicant/Property Owner shall operate this use in compliance with the Conditions of Approval of this CUP, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. PL On-going 5. Revocation of Permit. The CUP approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 6. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance 7. Required Permits. Applicant/Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance and Grading Permit Issuance 8. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Approved Development Agreement supersedes where applicable. Various Building Permit Issuance 9. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by ADM On-going 5 of 6 Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. PL, PW On-going 11. Noise/Nuisance. The Applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building. PL On-going 12. Clean-up. The operators of the dealership are responsible for picking up all trash associated with the use several times per day throughout the parking lot and street. PL On-going 13. Inventory Vehicle Storage and Parking. No vehicles, other than vehicles for sale, shall be stored on the premises on a regular basis. Campers, trucks or recreational vehicles may not be stored outside. No vehicle shall be parked in any fire lanes and must be located in designated parking stalls. PL On-going 14. Vehicle Deliveries. All vehicle deliveries shall be located on-site. No loading or unloading shall be permitted in the street. PL On-going 15. Vehicle Displays. Vehicles shall be displayed in the vehicle display areas shown on the approved site plans in an orderly fashion. Any additional vehicle display areas are subject to review and approval by the Community Development Director. PL On-going 16. Parking Requirements. The Applicant shall provide parking as shown in the project plans. All parking spaces shall be striped according to the requirements of the City of Dublin Zoning Ordinance, except in certain areas of the site otherwise reflected on the site plans included with this approval or as determined by the Community Development Director and City Engineer. Disabled, visitor, employee, and compact parking spaces shall be appropriately identified on the pavement. Guest/employee parking shall be clearly labeled. PL On-going 17. Vehicle Display & Promotional Activity. In accordance with the Zoning Ordinance, all promotional activity (including pennants, balloons, banners and tents) shall be subject to the approval of a Temporary Use Permit. PL On-going 18. Temporary Signage. All temporary signage shall conform to the requirements of the Dublin Zoning Ordinance at all times. PL On-going 19. Service & Repair Work. All service and/or repair work shall be conducted inside the building. PL On-going 20. Car Wash. Vehicles may only be washed indoors. PL On-going 21. Hours of Operation. The hours of operation for PL On-going 6 of 6 automobile/vehicle sales shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. and no earlier than 7:00 a.m. and no later than 7:00 p.m. for automobile/vehicle service or repair. PASSED, APPROVED AND ADOPTED this 13th day of March 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director 2931924.1